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Lo, Doris

From: Wehling, Jefferson

Sent: Friday, October 23, 2015 1:27 PM

To: Dickinson, David; Lo, Doris

Subject: FW: Follow-Up Call Regarding CARB's August `4, 2015 SIP Submittal

FYI 

From: Wang, Alex@ARB [mailto:alex.wang@arb.ca.gov] 

Sent: Friday, October 23, 2015 1:11 PM 

To: Wehling, Jefferson <Wehling.Jefferson@epa.gov>

Subject: RE: Follow-Up Call Regarding CARB's August `4, 2015 SIP Submittal 

Jeff, 

Here are the answers to your questions regarding the rulemakings that are included in ARB’s current SIP submittal. Will 

talk to you in about 20 minutes. 

Alex Wang 

916.323.9610 

From: Wehling, Jefferson [mailto:Wehling.Jefferson@epa.gov] 

Sent: Friday, October 16, 2015 1:14 PM 

To: Wang, Alex@ARB 

Cc: Lo, Doris; Dickinson, David 

Subject: Follow-Up Call Regarding CARB's August `4, 2015 SIP Submittal 

Alex: 

We’ve made considerable progress in our review of the submittal and in our preparation of the proposed rule. I have 

some questions to follow-up with you to help us finish the proposal. Here they are: 

Questions: 

· Tab #7 (Mobile CHE) – 13 CCR § 2479(e)(2) (Performance Standards for In-Use Yard Trucks) is not included in SIP 

submittal - Why not preempted given the definition of “yard trucks” as off-road? 

 

ARB response - The in-use performance standards in 13 CCR section 2479(e)(2) are not preempted because CAA 

section 209(a) only preempts states from adopting or attempting to enforce standards relating to the control of 

emissions from new motor vehicles or new motor vehicle engines. By its terms, section 2479(e)(2) only applies 

to in-use (i.e., non-new) motor vehicles. 

· Tab #11 (PERP) – clarify which sections are not included as part of the SIP revision: 13 CCR § 2455(d)(3), 

2455(d)(5), and 2455(d)(6) should be 2456(d)(3), 2456(d)(5), and 2456 (d)(6)? 

ARB response – Correct. 13 CCR § 2456(d)(3), 2456(d)(5), and 2456(d)(6) are not included in SIP request.
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· Tab #14 (Truck Idling) – clarify which sections are not included as part of SIP revision: 13 CCR §§ 2485(c)(3)(B) 

and 2485(c)(1)(A), should be 2485(c)(1)(B) and 2485(c)(1)(A)? 

ARB response – 13 CCR §2485(c)(3)(B) is not included [this section specifies requirements for fuel-fired heaters; 

and CAA sections 209(a) and 209(e) only relate to standards relating to control of emissions from on-road and 

off-road vehicles or engines.] 

· Tab #15 (Motorcycles) – Confirm that 13 CCR § 1958(a)(1)(“Motorcycles and motorcycle engines are excluded 

from the requirements of this section if: (1) the engine displacement is less than 50 cubic centimeters;”) was not 

waived and thus not included in SIP submittal. 

 ARB response – Yes. 

· Tab #16 (SI Marine Engines) – Confirm which definitions in 13 CCR 2441(a) are not preempted and are not 

included in SIP submittal – 5, 21-71 (includes 44 and 54, right?) – this is the entire set of definitions – not 

preempted and not included? Also, what about 13 CCR § 2474 – it is included in the set of regulations that were 

submitted, but is not listed as being included or excluded? 

ARB response – definitions in 13 CCR §2441(a)(5, 21-71 (and includes 44 and 54). These definitions are not 

included in the authorization request and are not included in the SIP submittal. 

13 CCR §2474 is included in the SIP submittal and its inclusion should be reflected in the table 

Pending Authorizations (Provide for Final Action along with the August 14, 2015 SIP Submittal): 

Need to identify exactly what will be submitted (CCR sections and test procedures) in the wake of EPA authorizations 

for: 

(1) 2008 Amendments to LSI Engines and 2010 Amendment to Off-Road LSI Fleet requirements 

(2) 2007, 2009, and 2010 Amendment to ATCM for PDFE. 

(3) 2011 Amendments to SORE, Tier 4 Off-Road CI Engines, and Certification Fuel for off-road SI engines, equipment 

and vehicles. 

I’d like to set up a time for a call next week if you and Daniel have time and include Doris and David here at EPA. Are 

there days/times when you would be available? Thanks. 

Jeff Wehling 

U.S. EPA, Region IX, ORC-2 

75 Hawthorne Street 

San Francisco, CA 94105 

(415) 972-3901